COMMONWEALTH v. SWAN

No. 07-P-503.

73 Mass. App. Ct. 258 (2008)

COMMONWEALTH v. DAVID SWAN.

Court of Appeals of Massachusetts, Middlesex.

December 4, 2008.


Attorney(s) appearing for the Case

Kevin S. Nixon for the defendant.

Loretta M. Lillios, Assistant District Attorney, for the Commonwealth.

Present: McHUGH, BROWN, & KATZMANN, JJ.


McHUGH, J.

After a jury-waived trial before a Superior Court judge, the defendant was convicted of indecent exposure, G. L. c. 272, § 53; open and gross lewdness, G. L. c. 272, § 16; and disorderly conduct under a voyeurism ("Peeping Tom") theory, G. L. c. 272, § 53. On appeal, he claims that his motion for a required finding of not guilty as to all counts should have been allowed because the evidence was insufficient to support the convictions. We...

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